Cancellation of reservation in promotion as per law: State to HC

The Maharashtra government, through an affidavit, opposed the petitions challenging the May 7 government resolution (GR) which cancelled the 33% reservation in promotions for those employed through quotas in SC, ST, VJNT and SBC categories and sought dismissal of the petitions

The Maharashtra government, through an affidavit, opposed the petitions challenging the May 7 government resolution (GR) which cancelled the 33% reservation in promotions for those employed through quotas in SC, ST, VJNT and SBC categories and sought dismissal of the petitions.

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The state informed the Bombay high court (HC) that the decision was as per the law prevailing in the state and was subject to further orders of the Supreme Court, which is hearing special leave petitions filed after the Bombay HC struck down the 2004 GR which introduced reservation in promotion. The state said that since the apex court was already seized of the matters challenging May 7 GR, the HC should not interfere in the petitions which are devoid of merit.

On Tuesday, a division bench of justice KK Tated and justice RI Chagla which is hearing a clutch of petitions challenging the May 7 GR was informed by senior counsel Mihir Desai representing the government stated that an affidavit in reply to the petitions had been filed. The affidavit stated that the decision to scrap the nearly two-decade-old policy came two days after the Supreme Court quashed the Maratha reservation which was allowed by HC.

Senior counsel Indira Jaising and other counsels who have challenged the May 7 GR on behalf of the numerous petitioners said that the decision would affect the rights of those belonging to reserved categories. Jaising submitted that while the reservations of 33 per cent existed since 1974, in a single stroke, the state de-reserved all the seats.

The affidavit filed through Sumant Bhange, secretary, general administration department stated that the alleged claims and contentions of the petitioners were not true and correct and that the petitioners are not entitled to any relief as sought for in the petitions. The affidavit further adds that on March 22, this year, a committee under the chairmanship of the state chief secretary was formed to collect data of inadequacy of representation and effect on overall efficiency in administration due to reservation and was to submit the report within a month. The affidavit added that work of data collection was in progress as the report could not be submitted within stipulated time due to the second wave of Covid-19 and a proposal to extend the period for submission was being considered.

The government further said that it does not want to face contempt proceedings by granting reservations in promotion on ad-hoc basis as the HC order which struck down the 2004 GR is still not stayed by the Apex Court and hence sought dismissal of the pleas.

The HC is likely to hear the petition in July.